Compensation for Patent Delays: The Next Frontier in Brazilian IP Law

Thiago Ruschi was featured in a Valor Econômico report on the legislative proposals seeking to compensate patent holders for delays in the BPTO’s (INPI) examination.

The article examines the growing debate around bills to introduce a mechanism to adjust patent term in cases of examination delay by the BPTO, a discussion that has drawn attention from companies, industry associations, and IP practitioners across Brazil.

Speaking to Valor, Thiago Ruschi noted that, while Federal Courts have rejected claims for a mechanism to automatically extend patent terms – in a first wave of lawsuits filed right after the Supreme Court’s ruling on ADI 5.529 –, current litigation is shifting toward a case-by-case analysis, of whether patent holders can be compensated for delays attributable exclusively to the BPTO.

Asked about the path forward, he stated that establishing a clear compensation mechanism for the delays that were not caused by the patentee is essential, as it restores fairness to patent holders who have suffered real, measurable harm from the Public Administration’s inefficiency.

Read more (in Portuguese): https://valor.globo.com/legislacao/noticia/2026/07/10/projetos-de-lei-aumentam-prazo-para-patentes-de-medicamentos.ghtml?utm_source=aplicativoValor&utm_medium=aplicativo&utm_campaign=compartilhar